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New Executive Order 2020-110 Rescinds Executive Order 2020-96 and Begins Statewide Reopening, with Limits

By Rebekah Page-Gourley posted 06-01-2020 17:03


Today, Governor Whitmer issued Mich Exec Order No 2020-110, marking a major shift toward reopening many businesses across the state within designated limits. The order is intended to allow reopening consistent with Stage 4 (“Improving”) of the MI Safe Start Plan. Most critically, the new order:

  • Requires that any work that can be done remotely be done remotely. Any business requiring employees to leave their home to work must comply with safeguards outlined in Mich Exec Order No 2020-97.
  • Requires that any individuals leaving their homes follow social distancing guidelines and wear a face covering in any enclosed public space as long as they can medically tolerate it. Individuals may remove face coverings for identification purposes or to eat or drink while seated at a restaurant or bar.
  • Permits businesses and building owners to deny access to any individual refusing to wear a face covering and provides that doing so will not subject them “to a claim that they have violated the covenant of quiet enjoyment, to a claim of frustration of purpose, or to similar claims.”
  • Permits indoor gatherings and events of up to 10 people from separate households.
  • Permits outdoor gatherings and events of up to 100 people from separate households, provided that attendees maintain social distancing.
  • Allows outdoor parks and recreational facilities to be open as long as they make reasonable modifications to enable social distancing.
  • Permits outdoor public swimming pools to open as of June 8, 2020, at 50 percent capacity, subject to Department of Health and Human Services guidance.
  • Permits day camps for children to open as of June 8, 2020, subject to guidance from the Department of Licensing and Regulatory Affairs. This does not include residential, travel, and troop camps as defined under the Michigan Administrative Code.
  • Permits libraries and museums to open as of June 8, 2020, subject to Mich Exec Order No 2020-97’s rules governing retail stores.
  • Permits retail stores to resume normal operations as of June 4, 2020, subject to local regulations and capacity constraints and workplace standards in Mich Exec Order No 2020-97.
  • Prohibits the following businesses from operating, subject to certain exceptions: indoor theaters, indoor gyms and fitness centers, salons, spas, and other personal care services, casinos, and indoor amusement services or facilities such as bowling alleys and indoor climbing facilities. Outdoor fitness classes and trainings are allowed with social distancing.
  • The restrictions pertaining to public places outlined in the order do not apply to necessary medical treatment services, health care facilities, residential care facilities, congregate care facilities, juvenile facilities, crisis shelters, food courts in airports, and certain employees of the places outlined.
  • Permits restaurants, cafes, bars, breweries, and similar businesses to open across the state as of June 8, 2020, subject to the capacity constraints and workplace standards in Mich Exec Order No 2020-97.
  • Explicitly states that places of religious worship, their owners, and individual attendees are not subject to penalty for allowing religious worship or engaging in it (or for violating the face-covering requirement).